In accordance with L.1975, c.231, Chairwoman Janice MitchellMintz, opened the meeting with the following statement:

Notice of this meeting was filed with the Secretary of Stateand sent to the Trentonian, Trenton Times, Courier-Post and StarLedger on October 30, 2000 and posted at the Department ofPersonnel, 3 Station Plaza, Trenton, New Jersey.

All actions were by unanimous vote unless otherwisespecified.

SECTION A - HEARING MATTERS

A-1 SETTLEMENTS

In the Matter of Marie L. BeaubrunCounty of MonmouthHealth Care FacilitiesSuspension

In the Matter of Alvin BranchCity of NewarkWater and Sewer Utility DepartmentSuspension

In the Matter of Robert Casey, Jr.Mountainview Youth Correctional FacilityDepartment of CorrectionsResignation not in good standing

In the Matter of Juanita CobbsCounty of EssexDepartment of Citizen ServicesRemoval

In the Matter of Jacqueline DistasoMonmouth County LibraryRelease at the end of the working test period

In the Matter of Patrick HanrahanCity of NewarkPolice DepartmentSuspension

In the Matter of Joseph HungerbuhlerVineland School DistrictBoard of EducationRemoval

In the Matter of Colleen Murray, Devin HartAnd Carol KapurelosTownship of LowerDepartment of Public SafetyLayoff

In the Matter of Frank MaxwellDepartment of Environmental ProtectionGrievance

In the Matter of Frank S. MinorCounty of BurlingtonDepartment of CorrectionsRelease at the end of the working period test

In the Matter of Sally NolenCounty of MonmouthHealth Care FacilitiesSuspension

In the Matter of Augustine OkopieGreystone Psychiatric HospitalDepartment of Human ServicesRemoval

In the Matter of Eugene TaturTownship Wood-RidgeDepartment of Public WorksRemoval

In the Matter of Roberto VelezCity of NewarkPolice DepartmentSuspension

RECOMMENDATION OF THE ADMINISTRATIVE LAW JUDGE IN THE ABOVECASES - SETTLEMENT

ACTION: The Merit System Board acknowledged thesettlements.

A-2 BAZYT BERGUS (CONSOLIDATION)

Bazyt Bergus, Police Sergeant, City of Newark, removaleffective August 19, 1998, on charges of criminal law,conduct, use of force, language, neglect of duty, acts ofomissions, aiding or abetting, police uniform and officialinefficiency or incompetence.

Sobha Benjamin, Graduate Nurse, County of Atlantic,Department of Human Services, Initial release at the end ofthe working test period effective December 9, 1999.Settled to a resignation in good standing and lump sumpayment of $5,000.

Recommendation of the Administrative Law Judge -Acknowledgement settlement

ACTION: The Merit System Board acknowledged thesettlement.

A-13 LOUIS WILSON - SETTLEMENT

Louis Wilson, Truck Driver, City of Newark, Department ofNeighborhood Services, Initial suspension for 142 days, oncharges of incompetence, inefficiency or failure to performduties, insubordination, inability to perform duties andconduct unbecoming a public employee. It is noted that theappellant was removed following criminal indictment andsubsequently completed Pre-Trial Intervention. Settled to a142-day suspension (time served), returned to work andplaced on a leave of absence from 1/15/99 until the start ofwork.

Recommendation of the Administrative Law Judge -Acknowledgement settlement

ACTION: The Merit System Board acknowledged thesettlement.

A-14 JAMES PIZZULLO

James Pizzullo, Police Sergeant, Township of Hamilton,Department of Public Safety, suspension for 30 days anddemotion to the position of Police Officer, on charges ofneglect, performance of duty, obedience of laws andregulations and truthfulness. The matter was presented tothe Board at its October 11, 2000 meeting. The Board heldthe matter over at the meeting for a summary of testimony.

Recommendation of the Administrative Law Judge - Uphold the30-day suspension and the demotion to the position of PoliceOfficer.

ACTION: The Merit System Board affirmed the recommendationof the Administrative Law Judge.

SECTION B - MISCELLANEOUS MATTERS

B-1 ANTHONY P. BOFFA

Anthony P. Boffa, represented by Craig S. Gumpel, Esq.,appeals his rejection as a Fire Fighter candidate by theTownship of Millburn and its request to remove his name fromthe eligible list for Fire Fighter on the basis ofpsychological unfitness to perform effectively the duties ofthe position.

ACTION: The Merit System Board referred the matter forindependent evaluation.

B-2 DIONISIO RAMOS

Dionisio Ramos, represented by Paul Bergrin, Esq., appealshis rejection as a Police Officer candidate by the City ofNewark and its request to remove his name from the subjecteligible list on the basis of psychological unfitness toperform effectively the duties of the position.

Kenneth E. Roman, represented by Craig S. Gumpel, Esq.,appeals his rejection as a Fire Fighter candidate by theCity of Elizabeth and its request to remove his name fromthe eligible list for Fire Fighter on the basis ofpsychological unfitness to perform effectively the duties ofthe position.

ACTION: The Merit System Board directed that this appealbe denied.

B-4 HAROLD SHIPMAN

Harold Shipman appeals his rejection as a Sheriff's Officercandidate by the County of Hudson and its request to removehis name from the subject eligible list on the basis ofpsychological unfitness to perform effectively the duties ofthe position.

ACTION: The Merit System Board directed that this appealbe denied.

B-5 GEORGE WALLACE

George Wallace, represented by Robert Fagella, Esq., appealshis rejection as a Fire Fighter candidate by the City ofPlainfield and its request to remove his name from theeligible list for Fire Fighter on the basis of psychologicalunfitness to perform effectively the duties of the position.

ACTION: The Merit System Board directed that this appealbe granted.

B-6 JOSEPH L. KLAWITTER

Joseph L. Klawitter appeals the request by the Department ofCorrections to remove his name from the Correction OfficerRecruit (S9999A) eligible list for medical unfitness toeffectively perform the duties of the position.

Robert Brumbaugh, a Correction Captain with the Departmentof Corrections, appeals the denial of sick leave injury(SLI) benefits.

ACTION: The Merit System Board directed that this appealbe denied.

B-14 RUDOLPH B. BOYD

Rudolph B. Boyd appeals the decision of Selection Serviceswhich found that he was properly removed from the list forCorrection Officer Recruit (S9999W) based on falsificationof his preemployment application.

ACTION: The Merit System Board directed that this appealbe denied.

B-15 PATRICK ITIDIARE

Patrick Itidiare appeals the request of the Union Countyappointing authority to remove his name from the IncomeMaintenance Worker (C0538O) eligible list based on a claimedinability to communicate effectively in English in order toperform the duties of the position.

ACTION: The Merit System Board granted a hearing.

B-16 MICHAEL LISA AND HECTOR GENAO

The City of Hoboken, represented by Robert E. Murray, Esq.,requests review of the determination that Michael Lisa andHector Genao be removed from the Fire Fighter (M9058S), Cityof Hoboken eligible list.

ACTION: The Merit System Board directed that this appealbe denied.

B-17 FARNAZ AZIMI

Farnaz Azimi, a former Account Clerk with the Judiciary,Union County Vicinage, appeals her resignation in goodstanding.

ACTION: The Merit System Board directed that this appealbe denied.

B-18 ROSEMARY CIUBA - SETTLEMENT

Rosemary Ciuba, Clerk Typist, Judiciary, Essex County,removal effective December 18, 1998 on charges of failure toperform duties and excessive absenteeism and lateness, wassettled to a resignation in good standing. The parties seekacknowledgment of the settlement agreement.

ACTION: The Merit System Board acknowledged thesettlement.

B-19 FREDDIE ALEXANDER AND DANIEL BULLOCK

Freddie Alexander and Daniel Bullock appeal thedetermination of the Division of Selection Services, whichfound that they did not meet the experience requirements forthe promotional examination for Supervisor Roads (PC165A),Camden County.

ACTION: The Merit System Board directed that these appealbe denied.

B-20 LINDA L. BECKERING

The Executive Director, Passaic Valley Water Commission,appeals the ineligibility of Linda L. Beckering for thepromotional examination for Assistant Buyer (PM2292A),Passaic Valley Water Commission.

ACTION: The Merit System Board directed that this appealbe granted.

B-21 KETAN BHANDUTIA

Ketan Bhandutia appeals the determination of the Division ofSelection Services, which found that he was ineligible forthe promotional examination for Supervising EnvironmentalSpecialist (Air Pollution Control) (PS5159G), EnvironmentalProtection.

ACTION: The Merit System Board directed that this appealbe denied.

B-22 ROBERT CRONICK, ET AL.

Robert Cronick, Thomas Insetta and Mayra Ransom appeal thedetermination of the Division of Selection Services, whichfound that they were ineligible for the promotionalexamination for Sheriff's Officer Sergeant (PC2514A), HudsonCounty.

ACTION: The Merit System Board directed that these appealbe denied.

B-23 RICHARD J. DELANEY

Richard J. Delaney appeals the determination of the Divisionof Selection Services, which found that he did not meet theeducational requirements for the open competitiveexamination for Senior Engineer, Highway (C6739A),Burlington County.

ACTION: The Merit System Board directed that this appealbe denied.

B-24 WILLIAM ENGROFF

William Engroff appeals the determination of the Division ofSelection Services, which found that he did not meet theexperience requirements for Supervisor of Streets (PM1805W),Trenton.

ACTION: The Merit System Board directed that this appealbe denied.

B-25 ANDREA V. JOHNSON

Andrea V. Johnson appeals the determination of the Divisionof Selection Services, which found that she was ineligiblefor the promotional examination for Income MaintenanceSupervisor (PC3041A), Middlesex County.

ACTION: The Merit System Board directed that this appealbe denied.

B-26 TAMRA G. MARSH

Tamra G. Marsh appeals the determination of the Division ofSelection Services, which found that she was ineligible forthe promotional examination for Supervisor Minimum SecurityUnit Corrections (PS5619I), Department of Corrections.

ACTION: The Merit System Board directed that this appealbe denied.

B-27 STEVEN NANFRIA

Steven Nanfria appeals the determination of the Division ofSelection Services, which found that he did not meet theexperience requirements for Field Representative, Wage andHour Compliance (S0413A).

ACTION: The Merit System Board directed that this appealbe denied.

B-28 MAYOLA LEE-BROWN

Mayola Lee-Brown appeals the results of the writtenpromotional examination for Management Assistant (PS7344K),Department of Human Services.

ACTION: The Merit System Board directed that this appealbe denied.

B-29 ROSARIO LOMBARDO

Rosario Lombardo appeals the results of the writtenexamination for Social Worker, Aging (M0879A), NorthBrunswick Township.

The Division of Selection Services, on behalf of theDepartment of The Treasury, requests that the out-of titlework experience performed by Kimberley Cook, KathrynDiMemmo, and Harriet Havens be accepted to satisfy theexperience requirement for a prospective promotionalexamination for Technical Assistant 2, Treasury in theDepartment of The Treasury.

ACTION: The Merit System Board granted the request.

B-32 PROPOSED AMENDMENT TO N.J.A.C.4A:10-1.1

It is recommended that the proposed amendment to N.J.A.C.4A:10-1.1 (concerning the prohibition of certain retirementincentives) be adopted without change.

ACTION: The Merit System Board adopted the proposedamendment without change.

B-33 CHARLES J. ROWAN

Charles J. Rowan, Jr., represented by James P. Madden, Esq.,seeks enforcement of the Merit System Board decision,rendered September 28, 1999, which reinstated him to theposition of Fire Fighter with the Town of Kearny.Additionally, the Town, represented by Kenneth P. Davie,Assistant Town Attorney, petitions the Board for a stay ofthat decision pending its appeal to the Appellate Divisionof Superior Court.

ACTION: The Merit System Board denied the request for astay but granted the request for enforcement.

B-34 SUPERVISOR, PUBLIC WORKS (PM1353R) AND (PM2044V) CITY OFRAHWAY

The matter of whether the appointing authority should begranted permission not to make an appointment from thecertification for Supervisor, Public Works (PM1353R0) and(PM2044V), City of Rahway has been referred to the MeritSystem Board for review.

ACTION: The Merit System Board granted an appointmentwaiver but assessed costs.

B-35 TELEPHONE OPERATOR (M0758W), CITY OF EAST ORANGE

The matter of whether the appointing authority should begranted permission not to make an appointment from thecertification for Telephone Operator (M0758W), City of EastOrange has been referred to the Merit System Board forreview.

ACTION: The Merit System Board granted an appointmentwaiver but assessed partial costs.

B-36 MARY E. SANTORO RUSSO

Mary E. Santoro Russo, represented by Alan D. Krauss, Esq.,appeals the decision of Human Resource Information Services,which found that Essex County had presented a sufficientbasis to remove appellant's name from the County CorrectionOfficer (C0452S) eligible list as a result of having abackground which disqualified appellant for appointment.

ACTION: The Merit System Board directed that this appealbe granted.

B-37 DAVID FIGUEROA

David Figueroa, a Police Officer with the City of NewarkPolice Department, represented by Nestor F. Guzman, Jr.,Esq., petitions the Merit System Board to accept his excusefor failing to appear at a scheduled conference hearing, atthe Office of Administrative Law, on July 12, 2000.

ACTION: The Merit System Board granted the request andordered that this matter be re-transmitted to theOffice of Administrative Law for a hearing.

Donzella M. Godbolt, a Senior Correction Officer at NewJersey State Prison, Department of Corrections (DOC),appeals the determination of the Director, Equal EmploymentDivision, with the DOC, stating that the appellant failed topresent sufficient evidence to support a finding of probablecause that she had been discriminated against based on hersex, sexually harassed or retaliated against.

ACTION: The Merit System Board directed that this appealbe denied.

B-39 RICHARD HILLENBRAND

Richard Hillenbrand appeals the decisions of Human ResourceInformation Services (HRIS) which upheld the removal of hisname from the eligible lists for Social Worker 1 (S0175O),Senior Community Program Specialist (S0360W), Family ServiceSpecialist Trainee (S6152W) and Habilitation PlanCoordinator (S0378A), all with the Department of HumanServices (DHS), on the basis of an unsatisfactory employmentrecord. Appellant also appeals the decision of HRISupholding his bypass for appointment on an earliercertification of the Family Service Specialist Trainee(S6152W) list.

ACTION: The Merit System Board directed that this appealbe denied.

B-40 MERIT SYSTEM BOARD MINUTES

The Merit System Board Minutes for the meeting of October11, 2000 are submitted for adoption.

Chairperson Janice Mitchell Mintz designated Lewis A. Scheindlinas Acting Chairperson in order to vote on the adoption of thefinal written decisions of previously rendered final agencydecisions listed as agenda items B-41 thorough B-57. Thesematters were decided at meetings of September 12 and 26, 2000,when Acting Commissioner Scheindlin presided over the meetingswhile Janice Mitchell Mintz was on leave of absence.

B-41 MERIT SYSTEM BOARD MINUTES

The Merit System Board Minutes for the meeting of September26, 2000 are submitted for adoption.

The appeal of Barbara Archie, a Cottage Training Technicianat Woodbine Developmental Center, Department of HumanServices, of her removals effective February 18 and March10, 1999 on charges, was heard by Administrative Law JudgeJoseph F. Martone (ALJ), who rendered his initial decisionon July 28, 2000. At its meeting on September 12, 2000, theBoard adopted the ALJ's recommendation upholding theremovals. The proposed final decision is now submitted forthe Board's review.

The appeal of Cory Emele, a Senior Correction Officer withMountainview Youth Correctional Facility, Department ofCorrections, of his removal effective December 10, 1998 oncharges, was heard by Administrative Law Judge Steven C.Reback (ALJ), who rendered his initial decision on July 11,2000. At its meeting on September 12, 2000, the MeritSystem Board did not adopt the ALJ's recommendation touphold the removal. Rather, the Board ordered that thematter be remanded to the Office of Administrative Law. Theproposed final decision is now submitted for the Board'sreview.

The appeal of Abdul-Ghafur Faiz, a Senior Correction Officerwith New Jersey State Prison, Department of Corrections,concerning his 30-day suspension beginning September 26,1998 on charges, was heard by Administrative Law JudgeKathryn A. Clark (ALJ), who rendered her initial decision onAugust 3, 2000. At its meeting on September 12, 2000, theMerit System Board (Board) did not adopt the ALJ'srecommendation to modify the penalty to a 10-day suspension.Rather, the Board ordered that the matter be remanded to theOffice of Administrative Law. The proposed decision is nowsubmitted for the Board's review.

The appeal of Juan Diego Feehan, an Income MaintenanceTechnician, Bilingual in Spanish and English, with theMiddlesex County Board of Social Services, of his 25-daysuspension beginning October 7, 1999 on charges, was heardby Administrative Law Judge Anthony T. Bruno (ALJ), whorendered his initial decision on August 2, 2000. At itsmeeting on September 12, 2000, the Merit System Boardadopted the recommendation of the ALJ to uphold thesuspension. The proposed final decision is now submittedfor the Board's review.

The appeal of Joanne Jobeck, a Principal Data Control Clerkwith Union County, of her resignation not in good standingeffective March 2, 1998, was heard by Administrative LawJudge Diana C. Sukovich (ALJ), who rendered her initialdecision on June 26, 2000. At its meeting on September 12,2000, the Merit System Board adopted the ALJ'srecommendation to uphold the resignation not in goodstanding. The proposed final decision is now submitted forthe Board's review.

The appeal of George Johnson, a Police Officer with theDeptford Township Police Department, of his bypass on thePolice Sergeant (PM4746P), Deptford Township eligible list,was heard by Administrative Law Judge Joseph Lavery (ALJ),who rendered his initial decision on May 4, 2000. At itsmeeting on September 12, 2000, the Board adopted the ALJ'srecommendation to dismiss the appeal. The proposed finaldecision is now submitted for the Board's review.

The appeal of William Bate, a Probation Officer with theJudiciary, Essex Vicinage, of his 20-day suspensionbeginning July 14, 1997, and his removal effective May 5,1998 on charges, was heard by Administrative Law Judge MariaMancini LaFiandra, who rendered her initial decision onAugust 1, 2000, upholding the 20-day suspension and theremoval. At its meeting on September 12, 2000, the Boardadopted the recommendation to uphold the 20-day suspensionbut modified the removal to a resignation in good standing.The proposed final decision is now submitted for the Board'sreview.

The appeal of Robert J. Schnur, a Senior Correction Officerat South Woods State Prison, Department of Corrections, ofhis removal effective April 28, 1999 on charges, was heardby Administrative Law Judge Steven C. Reback (ALJ), whorendered his initial decision on July 20, 2000, upholdingthe removal. At its meeting on September 12, 2000, theMerit System Board (Board) adopted the ALJ's recommendation.The proposed final decision is now submitted for the Board'sreview.

The appeal of Katherine Bergmann, an unclassified Secretaryto the Warren County Prosecutor, of her removal effectiveJuly 24, 1995, was heard by Administrative Law Judge ThomasR. Vena who rendered his initial decision on October 12,1999, upholding the removal. At its meeting on September26, 2000, the Board ordered that this matter be remanded tothe Office of Administrative Law. The proposed decision isnow submitted for the Board's review.

The appeal of Jennifer Harris, an Institutional Attendant atPreakness Hospital, Passaic County, of her 10-day suspensionon charges, was heard by Administrative Law Judge MariaMancini LaFiandra who rendered her initial decision onAugust 21, 2000, recommending that the 10-day suspension bemodified to a seven-day suspension. At its meeting onSeptember 26, 2000, the Board did not adopt the ALJ'srecommendation. Rather, the Board upheld the 10-daysuspension. The proposed final decision is now submittedfor the Board's review.

The appeal of Andrew Thomas, a Family Service Worker withthe Essex County Department of Citizen Services, of hisremoval effective March 14, 1997 on charges, was heard byAdministrative Law Judge Arnold Samuels (ALJ), who renderedhis initial decision on August 1, 2000. At its meeting onSeptember 26, 2000, the Board adopted the ALJ'srecommendation to uphold the removal. The proposed finaldecision is now submitted for the Board's review.

The appeal of Juan Gonzalez, a Police Officer with the Cityof Newark, of his release at the end of his working testperiod, effective July 23, 1999, was heard beforeAdministrative Law Judge Edith Klinger (ALJ), who renderedher initial decision on July 18, 2000, reversing the releaseat the end of the working test period. At its meeting onSeptember 12, 2000, the Board ordered that the matter beremanded to the Office of Administrative Law. The proposedfinal decision is now submitted for the Board's review.

The appeal of Mark Odom, a Police Officer with the City ofNewark, of his10-day suspension on charges, was heard beforeAdministrative Law Judge Maria Mancini LaFiandra (ALJ), whorendered her initial decision on August 7, 2000. In thatdecision, the ALJ noted that the appellant withdrew hisappeal of the 10-day suspension and also awarded him backpay from January 23, 1997 to September 1997, the period ofhis indefinite suspension, and counsel fees. At its meetingon September 12, 2000, the Board adopted the ALJ'srecommendation that the appellant be awarded back pay butdid not adopt the recommendation that the appellant beawarded counsel fees. The Board also acknowledged thewithdrawal of the appellant's appeal of his 10-daysuspension. The proposed final decision is now submittedfor the Board's review.

The appeal of Joseph Gallant, a Police Officer with the Cityof Newark, of his removal effective June 16, 1997 oncharges, was heard by Administrative Law Judge Elinor R.Reiner (ALJ), who rendered her initial decision on August16, 2000, upholding the removal. At its meeting onSeptember 26, 2000, the Board ordered that this matter beremanded to the Office of Administrative Law. The proposeddecision is now submitted for the Board's review.

The appeal of Mark Hagans, a Sanitation Inspector with theCity of Newark, of his removal effective February 21, 1997on charges, was heard by Administrative Law Judge IreneJones who rendered her initial decision on July 27, 2000,granting Newark's motion for summary judgment and dismissingthe appellant's appeal. At its meeting on September 26,2000, the Board ordered that this matter be remanded to theOffice of Administrative Law. The proposed decision is nowsubmitted for the Board's review.

The appeal of John Howard, a Cook with the Passaic CountySheriff's Department of his removal effective February 11,1997 on charges, was the subject of a settlement conferenceconducted by Administrative Law Judge Elinor R. Reiner whorendered her initial decision on August 23, 2000, approvingthe settlement. At its meeting on September 26, 2000, theBoard acknowledged the settlement. The proposed finaldecision is now submitted for the Board's review.

The appeal of Carol Chandler of the Brick Township SchoolDistrict's bypass of her name on the School Bus Driver(M5772T) eligible list was heard by Administrative Law JudgeBruce R. Campbell (ALJ), who rendered his initial decisionon August 7, 2000. At its meeting on October 11, 2000, theBoard adopted the ALJ's recommendation to uphold the bypassof appellant's name on the subject list. The proposed finaldecision is now submitted for the Board's review.

The appeal of Peter Mathus, a Range Instructor with theJersey City Police Department, of his removal effective July20, 1999, on charges, was heard by Administrative Law JudgeEdith Klinger (ALJ), who rendered her initial decision onAugust 24, 2000, upholding the removal. The Merit SystemBoard (Board), at its meeting on October 11, 2000, did notadopt the ALJ's recommendation. Rather, the Board modifiedthe removal to a six-month suspension. The proposed finaldecision is now submitted for the Board's review.

The appeal of Lloyd Smith, a Human Services Assistant withTrenton Psychiatric Hospital, Department of Human Services,of his removal effective December 17, 1999 on charges, washeard before Administrative Law Judge Bruce R. Campbell(ALJ), who rendered his initial decision on August 30, 2000.At its meeting on October 11, 2000, the Merit System Board(Board) did not adopt the recommendation of the ALJ todismiss the appeal. Rather, the Board ordered that theappellant be granted a hearing on an additional removal,also effective December 17, 1999, and that the instantmatter be remanded to the Office of Administrative Law(OAL). The proposed decision is now submitted for theBoard's review.

The appeal of Michael S. Smith, a Stock Clerk with the Cityof Vineland, of his resignation not in good standingeffective September 17, 1998 on charges, was heard byAdministrative Law Judge John R. Tassini (ALJ), who renderedhis initial decision on September 8, 2000, modifying theresignation not in good standing to a resignation in goodstanding. At its meeting on October 11, 2000, the Boardaffirmed the ALJ's decision.

The appeal of Joseph Bellino, a County Correction Captainwith Hudson County, concerning his 30-day suspensionbeginning April 12, 1997 on charges, was heard byAdministrative Law Judge Jeffrey A. Gerson (ALJ), whorendered his initial decision on August 11, 2000. At itsmeeting on October 24, 2000, the Merit System Board (Board)did not adopt the ALJ's recommendation to dismiss thecharges on summary decision and vacate the 30-daysuspension. Rather, the Board ordered that the matter beremanded to the Office of Administrative Law. The proposedfinal decision is now submitted for the Board's approval

The appeal of Michael A. DeRogatis, a Police Officer withJersey City, of his removal effective May 19, 1995, oncharges, was heard by Administrative Law Judge Jeffrey A.Gerson (ALJ), who rendered his initial decision on September7, 2000, upholding the removal. At its meeting on October24, 2000, the Board affirmed the ALJ's recommendation. Theproposed final decision is now submitted for the Board'sreview.

David Melendez, represented by Michael Miller, Esq., appealshis rejection as a Fire Fighter candidate by the City ofCamden and its request to remove his name from the eligiblelist for Fire Fighter on the basis of medical unfitness toperform effectively the duties of the position. This matterwas held over from the August 29, 2000 Merit System Boardmeeting.

The appeals of John Formisano and Tyrone Morton, both PoliceOfficers with the Newark Police Department, of their 35-daysuspensions beginning March 8, 1999 on charges, was heard byAdministrative Law Judge Michael L. Ravin (ALJ), whorendered his initial decision on July 20, 2000. At itsmeeting October 24, 2000, the Merit System Board did notadopt the ALJ's recommendation to vacate the suspensions.Rather, the Board concluded that five-day suspensions werewarranted. The proposed final decision is now submitted forthe Board's review.

ACTION: The Merit System Board directed that this matterbe held over.

B-68 JEFFREY MARSHALL

The appeal of Jeffrey Marshall, a Police Sergeant with theCity of Newark of his 15-day suspension on charges, washeard by Administrative Law Judge Thomas R. Vena (ALJ), whorendered his initial decision on July 26, 2000, recommendingthat the appellant receive a five-day suspension and anofficial reprimand. At its meeting on October 24, 2000, theBoard upheld the 15-day suspension. The proposed finaldecision is now submitted for the Board's review.

ACTION: The Merit System Board directed that this matterbe held over.

B-69 MERIT SYSTEM BOARD MINUTES

The Merit System Board Minutes for the meeting of October24, 2000 are submitted for adoption.

ACTION: The Merit System Board adopted the minutes of itsmeeting of October 24, 2000.